H.R. 8697

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8697 Introduced in House (IH)]

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119th CONGRESS
2d Session
H. R. 8697

To amend the Homeland Security Act of 2002 and titles 10 and 32, United 
States Code, to authorize the National Guard to protect certain 
facilities and assets from unmanned aircraft, and for other purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

May 7, 2026

Mr. McCaul (for himself, Mr. Gottheimer, Mr. Crane, Ms. Kaptur, Mr. 
Baumgartner, and Ms. Houlahan) introduced the following bill; which was 
referred to the Committee on Armed Services, and in addition to the 
Committees on Transportation and Infrastructure, and the Judiciary, for 
a period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
committee concerned

_______________________________________________________________________

A BILL

To amend the Homeland Security Act of 2002 and titles 10 and 32, United 
States Code, to authorize the National Guard to protect certain 
facilities and assets from unmanned aircraft, and for other purposes.

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Guard the Skies Act''.

SEC. 2. AUTHORIZATION OF THE NATIONAL GUARD TO PROTECT CERTAIN 
FACILITIES AND ASSETS FROM UNMANNED AIRCRAFT.

(a) Homeland Security Act of 2002.--Section 210G of the Homeland 
Security Act of 2002 (6 U.S.C. 124n) is amended--
(1) in subsection (b)--
(A) in paragraph (2), by inserting ``and the 
Secretary of Defense'' before the period; and
(B) in paragraph (4)--
(i) by striking ``Administrator of the 
Federal Aviation Administration'' and inserting 
``following:
``(A) The Administrator of the Federal Aviation 
Administration,''; and
(ii) by adding at the end the following new 
subparagraph:
``(B) The Secretary of Defense, if an action under 
subsection (l)(3)(C)(iii) is requested by the chief 
executive officer of a State pursuant to section 130j 
of title 10, United States Code.'';
(2) in subsection (d)(3)--
(A) in subparagraph (A)--
(i) in the heading, by inserting ``and 
department of defense'' after ``Department of 
transportation''; and
(ii) by inserting ``and the Secretary of 
Defense'' before the period; and
(B) in subparagraph (B)--
(i) in the heading, by inserting ``and 
defense'' after ``Safety'';
(ii) by striking ``Secretary of 
Transportation and the Administrator of the 
Federal Aviation Administration'' and inserting 
``following:
``(i) The Secretary of Transportation and 
the Administrator of the Federal Aviation 
Administration,''; and
(iii) by adding at the end the following 
new clause:
``(ii) The Secretary of Defense, before 
issuing any guidance, or otherwise implementing 
this section, if such guidance or 
implementation might affect actions pursuant to 
section 130j of title 10, United States 
Code.'';
(3) in subsection (e)(5), by inserting ``, the Department 
of Defense,'' after ``Department of Homeland Security''; and
(4) in subsection (l)(3)(C)(iii)(I), by inserting ``(as 
such term is defined in section 2001)'' after ``National 
Special Security Event''.
(b) Title 10, United States Code.--
(1) National guard authorization for protection of certain 
facilities and assets from unmanned aircraft.--Title 10, United 
States Code, is amended by inserting after section 130i the 
following new section:
``Sec. 130j. National Guard authorization for protection of certain 
facilities and assets from unmanned aircraft
``Notwithstanding section 46502 of title 49 or sections 32, 1030, 
1367 and chapters 119 and 206 of title 18, the Secretary of Defense 
may, at the request of the chief executive officer of a State with 
respect to a mission described in subsection (l)(3)(C)(iii) of section 
210G of the Homeland Security Act of 2002 (6 U.S.C. 124n), authorize 
members of the National Guard to take the actions authorized by 
subsection (a)(1) of such section 210G, if such members satisfy the 
following requirements:
``(1) Are ordered to duty under this title or title 32.
``(2) Are assigned duties referred to in subsection (a) of 
section 130i.''.
(2) Selected reserve and certain individual ready reserve 
members; order to active duty other than during war or national 
emergency.--Subsection (b) of section 12304 of title 10, United 
States Code, is amended--
(A) by redesignating paragraphs (1) and (2) as 
subparagraphs (A) and (B), respectively, and moving 
such subparagraphs, as so redesignated, two ems to the 
right; and
(B) by striking ``in responding to an emergency 
involving--'' and inserting ``in--
``(1) taking actions pursuant to section 130j; or
``(2) responding to an emergency involving--''.
(c) Title 32, United States Code.--Subsection (f)(2) of section 502 
of title 32, United States Code, (relating to required drills and field 
exercises) is amended by adding at the end the following new 
subparagraph:
``(C) Support of actions pursuant to section 130j of title 
10.''.
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